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HomeMy WebLinkAbout1977-09-13BOARD OF HEALTH MEETING SEPTEMBER 13, 1977 The regular meeting of the Board of Health was held Tuesday, September 13, 1977 at 7:00 P. M. in room G-15 of the Town Office Building. Members present were: Dr. William L. Cosgrove, Chairman, Mr. James Lambie, Dr. Michael S. Erdos, and Director of Public Health, George A. Smith. Mr. Robert Hutchinson, Jr., Town Manager also attended this meeting. The minutes of the July 11, 1977 meeting were approved. Mr. Smith, once again, showed the Board a new plan for a septic system on the lot on the corner of Spring Street and Concord Avenue. Mr. Smith explained to the Board that the new plan showed the septic system moved back on the lot. The percolation tests were good in that area. Also this area allows for an expansion area. Dr. Erdos asked when the "perc" tests were done on this area and Mr. Smith said they were done in March and showed that the system would be well above the water table. Dr. Cosgrove asked if Mr. Smith was satisfied with the engineer's plan for this system. Mr. Smith said "Yes". He also pointed out to the Board that he was sure that this area would never have public sewer. The Board felt that if Mr. Smith was satisfied with the plan they would approve it. SPRING ST. & CONCORD AVE. The Clerk reported on the Flu Vaccine and it was agreed that vaccine FLU VACCINE should be ordered for a clinic for Town Employees and Senior Citizens. The Clerk was instructed to order 450 doses of Flu Vaccine. Mr. Smith asked the Board if they thought the Mystic Valley Mental MVMHA Health Adolescent Centers should have Food Establishment Permits. He said he ADOLESCENT felt they were no different than any of the other public facilities. HOMES The Board asked Mr. Smith if he felt they should be classified as a Boarding House. Mr. Smith said the State has adopted more stringent regulations govern ing places of this nature. The kitchen facilities are now required to have dishwashers and other things such as are required in regular restaurants. The Board said Mr. Smith should ise his own judgement in regard to these establishments. The Board "Ridge Estates Mr. Smith Assistant Town water and also studied the preliminary plan of sbudivision plan entitled RIDGE ESTATES II". showed the Board the report on this subdivision from Mr. Martin, Engineer. In this report it was stated that there was potable the drainage plans once completed should be all right but as 50 far as the sewer was concerned it was stated: "...It appears that any proposed sewer system for this subdivision would have to connect to the Town's sewer system in the easement parallel to Saddle Club Road. As you may know, this sewer connects to the M.D. C. trunk sewer near Brook- wood Road and it is at this location that we have experienced recent severe flow restrictions which have resulted in sewage overflows to Vine Brook. We therefore feel, that there is a potuential-necjdtive environmental impact that may result if the proposed 56 homes are added to this already troubled trunk sewer. As you also may know, we are presently in the process of con- ducting an inflow -infiltration analysis of our sewer system which will ultimately identify the causes of these sewer overflows and make recommenda- tions as to the solution for same. The M.D.C. is involved in much the same process on its system. After reading this report and a short discussion the Board agreed that this subdivision could not be approved. They also felt that until such time as the sewer surcharge problem which plagued this area was corrected extensive building in this area should be curtailed. "WILLOW RIDGE" The definitive subdivision plans entitled "Willow Ridge" was approved based on the report received from the Assistant Town Engineer, William J. Martin. Public sewer which will service this area will be the trunk sewer called "Woodhaven Trunk Sewer" which outlets to the M.D. C. system near the Arlington Town Line. There is also adequate water and the drainage design appears satisfactory. TRI -COMMUNITY Mr. Smith reported to the Board that Mrs. Jane Tapia of the Tri - HEALTH SERVICESCommunity Health Services had requested permission to conduct a hyper- tension clinic for Town Employees also she would like to meet with the Board to discuss Health Education Programs to be presented in cooperation with the Council on Aging. TOWN MANAGER AT BOARD MEETING INTERN Dr. Cosgrove said the Red Cross had a very good hypertension clinic planned and Mr. Smith said that Fire Chief Bergeron had also contacted him regarding such a program. After some discussion it was again agreed that there was too many hypertension programs planned to conduct one for just Town Employees. The Board did agree that Mrs. Tapia and a representative from the Council on Aging should come into the next meeting to discuss the education program. Mr. fobert Hutchinson, Jr., Town Marager came into the meeting to meet the Board, and also to discuss any problem they might have. Mr. Hutchinson said that he realized that Mr. Smith could use more help but he would like him to try a Public Health Intern at the present time. He said he realized that the workload in the Health Department was heavy and that the Health Department staff was doing a good job carrying on, but before any further increase in staff was made he would like an intern program tried. Mr. Smith said he had asked John McSweeney, D.P.W. Director to come into this meeting to discuss any updated information he might have re- garding the municipal sewerage system, particularily the surcharge con- dition. Also the relief measures now being considered either on an interum basis or a permanent basis. 51 Mr. Smith said he was sure the Board would also like to know what affect the additional sewage systems, whether individual or in a subdivision, would have on the present sewer system. Mr. Smith went on to explain to the Board that in the past when a sewer petition was received he would do a complete study of the area including checking records in the office and also making site inspections and then he would send his recommendations to the Selectmen for further action. Now with the surchage problem as it has been he feels that it is almost ridiculous to approve sewer for these areas if the present sewer cannot handle the load it already has. Mr. Hutchinson explained that Mr. McSweeney was at a conference but he would try to inform the Board what had developed in connection with the sewer problems. Mr. Smith explained that the Board had hoped for a report before this on the sewer problem. Mr. Lambie said he had requested an infiltration study report for a good many years but to date had not received it. Mr. Hutchinson said he apologized to the Board for not having a report on the sewer problem ready for this meeting tonight but he would certainly see that a report was made as soon as possible. Dr. Erdos said he hesitated to approve any additional sewer projects until the problem with the sewer surcharge was coreected. He went on to say he did not like the raw sewage being pumped onto Mr. O'Leary's land or into Vine Brook. with Mr. Moore building 82 units in the Fiske School area and another developer putting 56 units in the Ridge Road area Dr. Erdos said he felt that there was an urgent need to have a solution to the sewer sur- charge problem. Even the chlorination when the lines were open was not a too desirable solution, Mr. Hutchinson said they have been looking into the situation and they agreed that pumping into Kilne Brook was not desireable but they had looked into chlorination devices for the treating of sewage at the pumping station before the sewage is pumped into Kilne Brook. He again apoligized to the Board for not having the seage report ready. He went on to say that this sewage report is due to be filed with the Board of Selectmen and when that is filed the Board of Health will certainly receive copies of this study. He went on to say that every effort is being made to correct the existing problems. One of the solutions is, of course, to have the whole town sewered but in the meantime we will have to chlorinate when necessary and watch the whole thing. Mr. Smith asked if the Sewer Advisory Committee had made any recom- mendations? Mr. Hutchinson said that because of vacation they were having their first meeting tonight, in fact, he was going to attend that meeting when he finished here. Dr. Cosgrove said the Board had a letter written by Mr. Chase, Town Engineer, on March 6, 1974 stating that the North Lexington Pumping Station was adequate to handle the increase sewage from the Chalet Susse Motor Lodge. Since that time the Chalet has put on an addition. Drummer Boy has added 71 units and there is to be 80 or more units on Hartwell Avenue plus 2 or 3 new industrial buildings. Can the pumping station handle all this now. Mr. Hutchinson said as he understood it the pumping station could handle this as long as there was no infiltration. Dr. Erdos said that when John McSweeney had met with the Board early this summer he said that the bulk of the flow would be from infiltration. Mr. Hutchinson said they were inspecting the sewers at the present time to check the infiltration. Dr. Erdos asked if there was any plan to dig up old sewers and replace thdm3_ Mr. Hutchinson said that by 1981 things should be resolved. Mr. Lanbie said that there seemed to him two things that were most important. There should be some comprehensive plan or program to tie the whole thing together and some program to handle the emergencies that seem to be happening. He said he felt that it was vital that a basic plan be made so that these surcharges and overflows should not occur. Mr. Hutchinson said he agreed we should have some kind of a plan. Right now we are coming into the budget which would be a busy season but he did suggest that D.P.W., sewer consultants and the Sewer Advisory Com- mittee and the Board of Health meet to discuss these problems. Mr. Smith said he felt that the quality of new comstruction could be improved. Mr. Hutchinson asked if he felt that there was a weakness in the in- spection program. Mr. Smith said he could only use for example the Woodpark Estates, he noticed that there was heavy infiltration into the sewer system there because the pipes were not sealed as they should be. Mr. Lambie said he had been interested in the infiltration rate for a number of years now but so far he had not been able to get a report on it. Mr. Hutchinson said certain areas have been identified with infil- tration increases. Mr. Lambie asked if corrective action would be taken. Mr. Hutchinson said we should have all the information we want by the next meeting. Mr. Lambie said he felt that the Board had received more information and cooperation tonight than we had for some time. At 7:30 P.M. Scott Fisher representing Chris Fisher, 205 Folien Road and Mr. John Ruffin, 203 Folien Road came before the Board to appeal the 1 1 1 53 Board's July 11, 1977 decision not to approve their applications to keep chickens at their two residences because of the close proximity of the houses in the neighborhood and also because the chickens could create a public health FISHER nuisance. Also all abuttors to the two applicants had objected to the keep- RUJFFIN ing of chickens in the area. CHICKEN PERMITS Mr. Fisher said he would speak for both boys. He explained to the Board that several years ago they had chickens at 205 Follen Road and then they removed the chickens. This Spring the two boys decided to raise these very special chickens, one type of chicken lays colored eggs and the others were imported from South America. John has one kind and Chris has another. Mr. Fisher went on to say that shortly after the boys received the chickens ThE Animal Inspector came by and said he was from the Health Department. He told the boys they must have a permit to keep chickens and he also told them to spruce up the chicken houses, remove the debris in the yards and to also make the fencing more secure. This the boys did, paying for additional sup- plies with their own money. In July after the Board of Health Meeting we received word that the application had been denied. This was when we re- quested this Appeal hearing tonight. We were told that the reason the ap- plication had been denied was because all the abuttors had objected to the keeping of chickens. Let me say now, Mr. Zimmerman who did object to the chickens orjinally has now changed his mind. At this time it is only a matter of about 33 chickens. One boy, Chris started with 30 chickens and John had 17 but he now has only 3 left. Mr. Fisher went on to say that he felt that this project of the boys raised no health problems and the boys had made all the improvements that the Animal Inspector required. Dr. Cosgrove asked if the boys knew about getting a permit before they got the chickens. Mr. Fisher said they did not, he also said he felt that the neigh- bors just did not understand about the project. Mrs. Fisher said she did not see anything in our rules that mentioned abuttors being notified. Dr. Cosgrove said it had been the policy of the Board, in the past few years, to notify all abuttors when a person plans to house an animal in the neighborhood. In this case all the abuttors objected to the chickens and that was the reason the permit was denied in July. When you requested an appeal it did give the boys a period of grace. During this period the Health Department still received complaints of odor, the chickens out and in the neighbor's yards which certainly could cause health nuisances, he al- so went on to say that this area was a very residential area and the homes were quite close together. Each of the abuttors present expressed their concern about the chickens. Dr. Erdos asked John Ruffing what he was learning from his project or was it purely economical. John said he guessed it would be economics because he would have the eggs to eat. Mrs. Fisher said that the Board of Health regulations said nothing about abuttors. These people were only objecting because the chickens reduced 54 the value of their property. Mr. George Rowe and Mrs. Sussman former neighbors in the area spoke and said that they never found the former chickens kept by Chris Fisher offensive. Mr. Fisher asked if the boys could keep the chickens until the project was completed. This would be until February or March. The Board once again discussed this permit and after balancing all things felt they still could not approve this application. Dr. Cosgrove told Mr. Fisher the Board would discuss the time period they would allow for him to get rid of the chickens and let them know. He also thanked all the abuttors for coming in. The Fishers and abuttors retired. The Board again discussed the time when the chickens would have to go. It was by unanimous vote that the Fishers and Ruffings could have one month in which to find a place outside of Lexington for the chickens. The Clerk was instructed to notify the Fishers and Ruffings of the Board's decision. The following permits were signed by the Board: NURSING HOMES - APPROVAL FOR STATE LICENSE Fairlawn Nursing Home (plus new addition) 265 Lowell St. Pine Knoll Nursing Home, 30 Watertown St. FOOD ESTABLISHMENT PERMITS Minute Man Restaurant (new owner) Hancock Market - Food Establishment Permit Philip F. Doherty - Mobile Food Server Ginn & Co. Cafeteria PERMIT TO OPERATE RETAIL FOOD STORE Gloria Food Store Colonial Pharmacy, Inc. Hancock Market Doran Greenhouses, Inc. Stop & Shop Companies, Inc. Mother Earth Natural Foods Concord Hill Market First National Stores, Inc. ANIMAL PERMITS Ralph J. Frissore, 92 Blossomcrest St. Francis W. K. Smith, 49 No. Hancock St. Paul B. Lloyd, 202 Cedar St. Robert Cataldo, 140 Emerson Rd. Diran D. Keshian, 455 Lowell St. Anne M. Butler, 22 Rangeway Rd. Meeting was adjourned at 9;45 P.M. Highland Farms Market Cheryl's Bakery Lexington CVS Store, Inc. Royal Pastry Store Alexanders Convenient Store, Inc. Winton's General Store Commonwealth Dairy Stores, Inc. McArdle & Mottla, Inc. 5 horses and 1 pony 4 goats 5 horses, 10 chickens 3 cattle 2 horses 1 horse, 2 goats